Journal of the Senate
of the First Session of the 112th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 14, 1997


VETOES

(R15, H.3339) -- Reps. Bauer and Riser: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
Message from Hs. (4/2/97) - Overridden (8-0)
Printed Page 1116, Apr. 2
Message from Gov. (3/31/97)
Printed Page 1117, Apr. 2
Veto Referred to Lexington Del. (4/2/97)
Printed Page 1117, Apr. 2
Recalled (4/10/97)
Printed Page 1287, Apr. 10
Veto Overridden by Senate (4/10/97) (45-0)
Printed Page 1288, Apr. 10

(R109, H.3943) -- Reps. Walker, Littlejohn, Lee, Vaughn, Lanford, Allison, Hawkins, Davenport and D. Smith: AN ACT TO PROHIBIT A COMMISSIONER OF A VOLUNTEER FIRE DEPARTMENT ESTABLISHED BY A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY FROM SERVING OR ACTING AS A FIREFIGHTER FOR THAT VOLUNTEER FIRE DEPARTMENT.
Message from Hs. (5/28/97) - Overridden (10-0)
Printed Page 2508, May 28
Veto Overridden by Senate (5/28/97) (46-0)
Printed Page 2508, May 28

(R110, H.3957) -- Reps. Cato, Vaughn, McMahand, Leach and F. Smith: .AN ACT TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT.
Message from Hs. (5/28/97) - Overridden (9-0)
Printed Page 2509, May 28
Veto Overridden by Senate (5/28/97) (46-0)
Printed Page 2510, May 28

(R123, S. 340) -- Senator Leatherman: AN ACT TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
Message from Gov. (6/10/97)
Printed Page 3357, June 17
Veto Sustained by Senate (6/17/97) (0-36)
Printed Page 3357, June 17

(R124, S. 358) -- Senator Bryan: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Message from Gov. (6/10/97)
Printed Page 3310, June 17
Veto Overridden by Senate (6/17/97) (29-3)
Printed Page 3310, June 17
Message from Hs. (6/17 /97) - Veto Sustained (31-72)
Printed Page 3420, June 17

(R139, S. 634) -- Senators Thomas and Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
Message from Gov. (6/10/97)
Printed Page 3397, June 17
Veto Sustained by Senate (6/17/97) (0-41)
Printed Page 3397, June 17

(R146, S.712) -- Senator Bryan: AN ACT TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.
Message from Gov. (6/10/97)
Printed Page 3312, June 17
Veto Overridden by Senate (6/17/97) (35-0)
Printed Page 3312, June 17
Message from Hs. (6/17/97) - Veto Overridden (9-1)
Printed Page 3421, June 17

(R148, S.739) -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
Message from Gov. (6/10/97)
Printed Page 3356, June 17
Veto Overridden by Senate (6/17/97) (29-0)
Printed Page 3356, June 17
Message from Hs. (6/17 /97) - Veto Overridden (6-0)
Printed Page 3417, June 17

(R156, H. 3286) -- Rep. Sharpe: AN ACT TO AMEND SECTION 2 OF ACT 387 OF 1996 RELATING TO THE ONE-YEAR PERIOD WITHIN WHICH A PERMANENT WAIVER OF EDUCATIONAL REQUIREMENTS MAY BE GRANTED TO A MASSAGE/BODYWORK THERAPY APPLICANT FOR LICENSURE WHO MEETS CERTAIN OTHER REQUIREMENTS, SO AS TO REVISE THE AMOUNT OF TIME REQUIRED IN PROFESSIONAL PRACTICE AS A THERAPIST FROM FOUR YEARS TO ONE YEAR.
Message from Hs. (6/17/97) - Veto Sustained (22-80)
Printed Page 3417, June 17

(R159, H.3450) -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: AN ACT TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
Message from Hs. (6/17/97) - Overridden (116-4)
Printed Page 3354, June 17
Veto Overridden by Senate (6/17/97) (29-0)
Printed Page 3355, June 17

(R176, H. 3961) -- Rep. Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT.
Message from the House (6/17/97) - Veto Sustained (6-87)
Printed Page 3419, June 17

(R187, H.4156) -- Rep. Littlejohn: AN ACT TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.
Message from Hs. (6/17/97) - Overridden (12-0)
Printed Page 3353, June 17
Veto Overridden by Senate (6/17/97) (29-0)
Printed Page 3353, June 17

(R202, S. 640) -- Senator Rankin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY; AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
Message from Gov. (6/13/97)
Printed Page 3314, June 17
Veto Overridden by Senate (6/17/97) (35-0)
Printed Page 3314, June 17
Message from Hs. (6/17/97) - Veto Sustained (11-89)
Printed Page 3418, June 17

(R216, H. 3253) -- Reps. Klauber and Hawkins: AN ACT TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT AND AVAILABLE FUNDING.
Message from Hs. (6/17/97) - Veto Sustained (60-57)
Printed Page 3421, June 17

(R222, H.3400) -- Ways and Means Committee: GENERAL APPROPRIATION ACT (ABBREVIATED TITLE)
Message from Hs. (6/17/97)
Veto 1 [Pt. 1A, Sect. 17B] Sustained (46-63)
Printed Page 3400, June 17
Veto 2 [Pt. 1B, Sect. 17C.15] Sustained (34-69)
Printed Page 3401, June 17
Veto 3 [Pt. 1B, Sect. 19.40] Sustained (33-73)
Printed Page 3401, June 17
Veto 4 [Pt. 1B, Sect. 29.16] Sustained (53-61)
Printed Page 3401, June 17
Veto 5 [Pt. 1B, Sect. 30.21] Sustained (18-91)
Printed Page 3402, June 17
Veto 6 [Pt. 1B, Sect. 33.4] Sustained (21-84)
Printed Page 3402, June 17
Veto 7 [Pt. 1B, Sect. 34.11] Overridden (94-12)
Printed Page 3403, June 17
Veto 8 [Pt. 1B, Sect. 47.14] Sustained (10-81)
Printed Page 3405, June 17
Veto 9 [Pt. 1B, Sect. 49.8] Sustained (72-42)
Printed Page 3405, June 17
Veto 10 [Pt. 1B, Sect. 49.9] Sustained (19-90)
Printed Page 3405, June 17
Veto 11 [Pt. 1B, Sect. 72.42] Sustained (24-71)
Printed Page 3406, June 17
Veto 12 [Pt. 1B, Sect. 72.73] Sustained (44-63)
Printed Page 3406, June 17
Veto 13 [Pt. 1B, Sect. 72.74] Sustained (23-59)
Printed Page 3407, June 17
Veto 14 [Pt. 1B, Sect. 72.81] Overridden (77-29)
Printed Page 3407, June 17
Veto 15 [Pt. II, Sect. 28] Sustained (0-40)
Printed Page 3408, June 17
Veto 16 [Pt. II, Sect. 36] Overridden (78-38)
Printed Page 3409, June 17
Veto 17 [Pt. II, Sect. 44] Sustained (23-75)
Printed Page 3410, June 17
Veto 18 [Pt. II, Sect. 46] Sustained (14-93)
Printed Page 3410, June 17
Veto 19 [Pt. II, Sect. 54] Sustained (15-90)
Printed Page 3411, June 17
Veto 20 [Pt. II, Sect. 64] Sustained (13-78)
Printed Page 3411, June 17
Veto 21 [Pt. II, Sect. 70] Sustained (58-55)
Printed Page 3412, June 17
Veto 22 [Pt. II, Sect. 74] Continued
Printed Page 3412, June 17
Veto 23 [Pt. II, Sect. 76] Sustained (0-6)
Printed Page 3412, June 17
Veto 24 [Pt. II, Sect. 79] Sustained (4-71)
Printed Page 3413, June 17
Veto 25 [Pt. III, Sect. 2, Item (12)] Overridden (86-24)
Printed Page 3413, June 17
Veto 26 [Pt. III, Sect. 2, Item (28b)] Sustained (53-58)
Printed Page 3414, June 17
Veto 27 [Pt. III, Sect 2, Item (32)] Sustained (72-41)
Printed Page 3415, June 17
Veto 28 [Pt. III, Sect. 2, Items (37(a)(b)(c))] Sustained (33-68)
Printed Page 3415, June 17
Veto 29 [Pt. III, Sect. 2, Item (38)] Sustained (63-46)
Printed Page 3415, June 17
Veto 30 [Pt. III, Sect. 2, Item (52)] Sustained (57-54)
Printed Page 3416, June 17
Veto 31 [Pt. III, Sect. 2, Item (52.1)] Sustained (50-60)
Printed Page 3416, June 17
Veto 7 Overridden by Senate (6/17/97) (28-8)
Printed Page 3404, June 17
Veto 14 Overridden by Senate (6/17/97) (34-0)
Printed Page 3407, June 17
Veto 16 Overridden by Senate (6/17/97) (32-3)
Printed Page 3409, June 17
Veto 25 Overridden by Senate (6/17/97) (34-0)
Printed Page 3413, June 17

(R223, H.3402) -- Ways and Means Committee: A JOINT RESOLUTION APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Message from Hs. (6/17/97)
Veto 1 [Sect. 1, p.2, Item (7b)] Sustained (36-60)
Printed Page 3394, June 17
Veto 2 [Sect. 1, p.2, Item (12)] Overridden (104-2)
Printed Page 3395, June 17
Veto 3 [Sect. 1, p.3, Item (16) Sustained (45-62)
Printed Page 3396, June 17
Veto 2 Overridden by Senate (6/17/97) (41-0)
Printed Page 3395, June 17

(R242, H.3847) -- Reps. Meacham and Kirsh: AN ACT TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
Message from Hs. (6/17/97) - Overridden (7-0)
Printed Page 3351, June 17
Veto Overridden by Senate (6/17/97) (28-0)
Printed Page 3352, June 17


Last Updated: Monday, June 29, 2009 at 10:49 A.M.